the challenges the federal government's defense of marriage act. we were looking for them to release its orders on which cases they will hear. neither same-sex , case was on that. so the wait continues. the next one is due on october 8th from the court. if we do not see it on that list we will get a hint that the supreme court is waiting until after the election to make any kind of decision on this hot button issue. the decision will be watched by a lot of people. >> and east bay middle school teacher has been arrested on suspicion of having an inappropriate relationship with a former student. will chant tried joins us this morning. >> park site elementary a 25 year-old man went on the campus 10 days ago uncovered a nine year ago or girls mouth while she was in the bathroom, dragged her off campus she was kicking and complaining and during racks at him. she managed to get back to campus. this prompted a new security measures to be put into place including this fence and cameras. they are basically on lockdown mode. the parents have to come and sign